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(영문) 광주지방법원장흥지원 2017.05.31 2014가단3512

소유권말소등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2013, the size of 1,913 square meters prior to D was divided into 956 square meters and 957 square meters prior to D, Jeonnam-gun, Jeonnam-gun, Chungcheongnam-gun, and the cause for partition of co-owned property was divided into 956 square meters prior to E, and on December 17, 2013, the size of F land and G land was combined into 1,792 square meters.

After that, on January 6, 2014, the area of 1,792 square meters prior to D, Jeonnam-gun, Jeonnam-gun was divided into 1,177 square meters prior to D and 615 square meters prior to H, and on May 15, 2014, the land category of 1,177 square meters prior to D was converted from “B” to “B”.

(b) The current status of the change in ownership of D land in Jeonnam-gun is indicated in the following table:

The date of acquisition of ownership (the date of registration cancellation) ownership transfer (the date of registration cancellation) on February 13, 1981, the current status of ownership change (the cause) ownership transfer (the date of ownership transfer) on February 13, 1981, I (1/2 equity) transfer to J equity K on September 7, 21998 (1/2 equity) transfer (the inheritance by division) transfer to K (1/2 equity) on June 7, 2006, transfer (the sale) transfer to K (1/2 equity) I equity L on May 28, 2013 (the jointly owned property) transfer to L on May 28, 2013 (the acquisition of ownership of E land) transfer to May 5, 2013 due to the sale and purchase by Defendant B on May 27, 2014.

C. On June 17, 1986, I died on his wife M (3/16 shares) and Plaintiff (3/16 shares), N (2/16 shares), L (2/16 shares),O (2/16 shares), P (2/16 shares), and Q (2/16 shares) jointly inherited the rights and obligations of the property of the network I.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-3-1, 2, and 5-2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. L completed the ownership transfer registration on the ground of sale as of February 2, 1991 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “instant ownership transfer registration”) by the head of the Gwangju District Court, which was received on June 7, 2006, as of the 1/2 share of 1/2, which is one of the shares of 1,913 square meters in 1,000 square meters in Jeonnam-gun, Seoul Special Metropolitan City D, and L completed the ownership transfer registration on the ground of sale as of February 2, 1991 by obtaining a false certificate of guarantee.

Therefore, it is true.